PAR. 8. MUTUAL SUPPORT
The undersigned, who solemnly promise to conduct themselves in a Christian manner toward each other at all times, do indeed obligate themselves to mutual assistance and support by word and deed, as is proper among Christians. But in order to avoid misunderstandings, let it be noted that no kind of joint ownership of property shall ever take place or be permitted; rather, each one is and shall remain empowered to make disposition of his private property as he sees fit.
PAR. 9. THE CREDIT FUND
For temporarily defraying the expenditures necessary for the needs of church, school, and community, to support indigent emigrants through cash advances, and to purchase the afore-mentioned contiguous tract of land, a Fund for Cash Advances, or a Credit Fund, shall be established.
Accordingly, the expenses noted will be met with cash advances from this Fund, and for each disbursement which this Fund makes, especially also for loans to indigent emigrants, the whole community, as well as the land to be purchased, is surety, however, with the exception of that portion of land which is to be transferred to church and school.
Whatever is left over, after the deduction of all expenses and losses and of that portion of the land to be bought which is to be transferred to the church and school (cf. Par. 6), will in due time be distributed among those who deposit money in this Fund, in proportion to the amount of the deposit.
The amount of these deposits, of which the capital of the Fund consists, depends upon the free will of each individual.
PAR.10. CHRISTIAN SIMPLICITY IN ALL TRANSACTIONS
In all dealings, in all promises and assurances, Christian simplicity, integrity, and truthfulness must obtain, and therefore all formalities and red tape which are not indispensable shall be avoided.
PAR.11. FREEDOM OF PARTICIPATION
The undersigned herewith declare, affirm, and testify before everyone that complete freedom of choice was allowed each one of them either to go along or to stay at home; that no one urged another to haste, but that they rather made it the duty of one another, frequently and thoroughly to consider the matter, and by all means most carefully, to weigh all difficulties which might arise; and that, accordingly, each one made his decision with complete freedom and calm consideration, without haste and deliberately.
Appendix B
Code for the Credit Fund of the Lutheran “Gesellschaft” Emigrating with Herr Pastor Stephan to the United States of North America
PAR.1. CAPITAL OF THE CREDIT FUND
The capital of the Credit Fund shall be raised by voluntary contributions of the members of the Gesellschaft, which contributions are to be administered, bear interest, and be repaid according to the stipulations of this Code.
PAR. 2. PURPOSES OF THE CREDIT FUND
The Credit Fund is intended
to make cash advances on collateral for the following purposes: for the needs of church and school.
for the needs of the civil community.
for indigent emigrants belonging to the Gesellschaft, [i.e.] for transferring them from their present place of residence to St. Louis and vicinity, for their own person, and for the possessions requisite for their needs.
for whatever is required to tide these people over from the time of debarkation in St. Louis to the time that settlement has been effected.
for construction of the requisite dwellings and acquisition of cattle and implements for the initial settlement.
to buy a tract of contiguous land, if possible a whole township, in its entirety and at one time, in order that the members of the Gesellschaft may live together in one place, separate from strangers. Separate plots from this entire tract are then to be sold to individual members. This land shall became the property of the Credit Fund, except for those parts of it which are transferred to church, school, and community for their needs, or sold to individual members of the community for their private use.
to keep and administer, for the time being, possible donations for benevolent purposes.
to keep in trust and transport to America money or valuables, in return for an adequate remuneration for such service.
How much shall be used from the Credit Fund for the purposes mentioned above under 1. and 2., depends in each case upon the appropriation of the participants in the Credit Fund, who shall decide on the matter by absolute majority. Absolute majority consists in this, that more than half are agreed. In order to have a vote, a clear credit of at least 100 thaler is required.
PAR. 3. SECURITY FOR THE CAPITAL OF THE CREDIT FUND
The whole community, as well as the land to be purchased, shall be security for all cash advances made by the Credit Fund.
When making sales to individual members of the community, the Credit Fund, according to American law, for its own protection, shall retain ownership of the plot of land that has been sold until the buyer has paid the purchase price; meanwhile the buyer shall pay as rent the sum which the interest on the entire purchase price (or as much as is still outstanding) amounts to, and the plot of land may be purchased by no one else, nor may the purchase price be raised. The detailed conditions are to be arranged at the time of each individual purchase and specified in the deed to be drawn up.
PAR. 4. LOSSES AND PROFITS OF THE CREDIT FUND–DIVISION OF THE PROFIT
The Credit Fund shall carry the following obligations:
Loss of interest on those sums of money which must lie idle in the fund from time to time.
on that portion of the capital which is used for the purchase of land, insofar as that land is not in turn sold or rented.
since compound interest may never be charged, the Credit Fund shall cancel the interest on interest where interest payments are overdue or have been deferred.
as long as the borrower is unable to earn anything, computation and collection of interest shall be made according to Christian equity with all possible considerateness; this applies especially to the transportation costs to be advanced. Interest charges on this money shall not begin until one month after arrival in St. Louis.
The expenses arising from the administration of the Credit Fund shall be shared equally by the Credit Fund and by the Gesellschaft.
The Credit Fund shall deed to the church, school, and community, free of charge, as much of the land to be purchased as is necessary for the erection of all necessary buildings and the construction of squares and streets.
All losses, expenses, and cessions which the Credit Fund must bear shall be covered by the proceeds of the sale of land. In selling this land the value [desirableness] of the respective plot to be sold shall be the criterion, and on this basis the price of the sale is to be determined in Christian fairness.
If the Credit Fund through the sale of the land makes enough profit that not only all the losses, expenses, and cessions to be borne by it are covered, but that a clear surplus remains, half of this surplus shall be given to the church for the creation of a church fund, a fourth shall be given to the community for the creation of a community fund, and the remaining fourth shall be divided in proportion to the size of the contributions among those who have made such contributions to the Credit Fund.
PAR. 5. INTEREST PAYMENT ON CONTRIBUTIONS
Contributions, that is, money which is paid into the Credit Fund for the duration of its existence, shall draw interest according to the custom of the country, i.e., according to the rate of interest prevailing in the State in which settlement takes place. Interest shall begin a month after arrival in St. Louis and be paid by the Credit Fund semiannually.
Until this time no interest shall be paid, because while en route no interest can be earned.
On money which is lent the Credit Fund for a limited time only, interest shall be paid according to a rate to be agreed upon.
On money which is entrusted to the Credit Fund for safekeeping or for transfer only, interest shall not be paid at all; rather, as has already been mentioned, a suitable remuneration is to be made for the service in such cases.
PAR. 6. ADMINISTRATIVE BOARD
The Credit Fund shall be administered by a board of its contributors. This board shall consist of nine persons, who are to be chosen by absolute majority of the contributors from their own midst. These nine persons shall elect one of their number as chairman. The chairman shall appoint another member of the board as his substitute for occasions when he is unable to attend.
All business matters shall be discussed by the board, and business shall be conducted in accordance with resolutions adopted as a result of the discussions of the board.
PAR. 7. SUPERVISION OF THE ADMINISTRATION
A committee chosen by the church and the community shall supervise the administration. This committee and the board shall jointly establish a set of regulations, the purpose of which shall be, that the administration always be conducted in a Christian and God-pleasing manner, and that the necessary consideration for the welfare of the church and the community be shown. This set of regulations shall serve the board as a guide in the administration and consequently is to be observed by it at all times. Self-evidently it [the set of regulations] may not conflict with any of the stipulations of this present Code. All cases not covered by this set of regulations, as well as all contested cases, are to be submitted to the committee for clarification and, depending upon the circumstances, for decision.
PAR. 8. ADMINISTRATIVE OFFICIALS
For conducting the financial affairs and keeping the accounts, one person shall be engaged provisionally, as salaried cashier and bookkeeper, to whom paid assistants may be given as the circumstances require. But as soon as the community government has been established, the community treasurer shall receive this office. However, he will self-evidently keep the bookkeeping, financial, and accounting affairs of the Credit Fund separate from those of the community treasury. The treasurer will receive from the board a set of instructions which he is to observe in carrying on his business. In all cases not covered by the set of instructions, he is to obtain a brief written resolution from the board and observe it as well as all other written resolutions of the board.
The resolutions along with the instructions serve him as vouchers in rendering his accounts, and consequently as justification.
PAR. 9. SPECIAL FUNCTIONS OF THE CHAIRMAN OF THE BOARD AND HIS SUBSTITUTE
The chairman of the board, or his substitute, shall direct the entire administration. He shall exercise supervision over the fund and the bookkeeping, and shall revise it from time to time according to his discretion. Furthermore, he is to sign all resolutions and other declarations of the board, as well as the instructions for the treasurer and bookkeeper, and all documents to be drawn up by the Credit Fund, the latter jointly with the treasurer. He is also to sign all receipts and vouchers for expenditures together with the treasurer. Meetings of the board are called by him, and he shall discuss with it all business matters the performance of which the board does not, in accordance with a business code which is to be drawn up, assign to him without further discussion. Finally, he shall have the deciding vote in case a tie occurs in the voting of the board. For their services he and his substitute are to receive an adequate compensation.
PAR.10. FINANCIAL STATEMENTS AND REPAYMENT
During the course of the first month in St. Louis the first financial statement shall be made, a year later the second, and so on, until the Credit Fund has been liquidated.
Every financial statement is to be made before the assembled board in the presence of the committee of the church and the community.
As soon as it becomes evident from one of these financial statements that the Credit Fund is no longer in need of capital, this capital will be divided according to the contributions made and paid back. This procedure shall be continued until the contributions have been repaid in full. At the wish of the contributors to the Credit Fund [the order of] repayment of the contributions can also be decided by lot.
Whatever remains after repayment of the contributions, is to be considered as profit; on the other hand, if the Credit Fund should not be able to repay the contributions in full, the debit is to be regarded as a loss.
PAR. 11
This present code shall be submitted for approval to both the church and the community.
Appendix C
Traveling Regulations for the Lutheran “Gesellschaft” Emigrating with Herr Pastor Stephan to the United States of North America
Par. 1. Beginning and Duration of These Regulations
These present Traveling Regulations become operative as soon as the Gesellschaft is completely assembled, which will take place either at Magdeburg, or Hamburg, or Bremen—at the latest beginning with the time of embarkation.
They become inoperative as soon as settlement has been effected and the Community Code is introduced. Until that time they take the place of the Community Code.
Par. 2. Duties of the “Gesellschaft” in General
The Gesellschaft will everywhere (on the journey and in those localities where it will remain only temporarily until settling permanently) strive for a quiet, peaceable, and honorable behavior, as befits Christians (especially such as the gracious God is delivering after such long spiritual and physical distress), and as wisdom demands especially urgently, in view of the unfavorable sentiments prevailing now and then against emigrants to America.
Par. 3. Government of the “Gesellschaft”
The chief management of all affairs of the entire Gesellschaft shall be exercised by its primate, who accordingly will combine in his person the supreme authority in spiritual and civil matters.
All arrangements for worship will emanate exclusively from him until the Ecclesiastical Code comes into existence after permanent settlement has been effected.
For his assistance in conducting the civil affairs of the Gesellschaft he shall, however, nominate an administrative board of eight persons (clergymen and laymen) to the Gesellschaft, and when it has approved the persons nominated, induct them into office before the assembled Gesellschaft.
This board, in turn, shall with the approval of the primate, appoint subsupervisors, who are to exercise immediate supervision over the members of the Gesellschaft as to morals, order, safety, sanitation, and health.
Should a second, third, and fourth ship be chartered for the migration then, after election of the primate, a clergyman shall also be appointed to the supreme leadership in spiritual and civil matters of the persons on these ships. This clergyman will likewise have a board of eight persons at his side, which board shall also again choose subsupervisors for the immediate supervision of the members of the Gesellschaft.
Par. 4. Office of the Subsupervisors or Inspectors
Subsupervisors shall be appointed, so that there will be one for every fifteen to twenty persons. Obedience is due in the first instance to them in all disciplinary matters. The subsupervisors shall receive definite instructions on the scope of their functions from the board, are to seek the help of a member of the board in all disputes arising which they cannot settle, and if the matter cannot even thereby be settled, bring it before a meeting of the board and await its further instructions in the case. Complaints against these inspectors shall be lodged with a member of the board, who shall at once attempt mediation and, if this should fail, likewise bring the matter before a session of the board for decision.
Par. 5. Office of the Members of the Board—Meetings of the Board
The board, consisting of eight persons, is to be appointed by the primate with the approval of the Gesellschaft, as mentioned before (Par. 3.), and it will depend solely upon him whether, in view of the available persons, he considers it advisable that it be composed of an equal or an unequal number of clergymen and laymen. This board, under the chairmanship of the primate, shall conduct the chief management of the civil affairs of the Gesellschaft, provide instructions for the inspectors subordinate to it, support them in the administration of their office (Par. 4.), and remedy the complaints lodged against them; its decision is final in al
l cases.
Sessions of the board depend upon the volume and urgency of business and are to be held, as a rule, at least twice a week.
The primate may appoint a substitute for these sessions, who will preside in his place. However, the substitute shall not make any decisions in important matters without the primate. If two members of the board vote for it, his decision must be sought.
Par. 6. The Person of the Primate and Access to Him
The primate shall at all times be treated by members of the Gesellschaft with the reverence due his high office and great wisdom; he shall receive the title “Very Reverend Sir”; offenses against his person and disobedience against his orders shall be punished with severe civil and ecclesiastical penalties.
In Pursuit of Religious Freedom: Bishop Martin Stephan's Journey Page 35
